Fear Not Law Articles: Nguyen v. Regents of the Univ. of Cal.

Nguyen v. Regents of the Univ. of Cal.

Filed 8/16/06 Nguyen v. Regents of the Univ. of Cal. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

MAI NGUYEN,

Plaintiff and Appellant,

REGENTS OF THE UNIVERSITY OF CALIFORNIA,

Defendant and Respondent.

B185564

(Los Angeles County

Super. Ct. No. BS097784)

APPEAL from a judgment of the Superior Court of Los Angeles County.

David Jaffe, Judge. Affirmed.

Allred, Maroko & Goldberg, John S. West for Plaintiff and Appellant.

Paul, Plevin, Sullivan & Connaughton, Fred M. Plevin, Mark R. Phillips for Defendant and Respondent.

___________________________________________________

Dr. Mai Nguyen, a physician and tenured faculty member of the medical school at the University of California, Los Angeles (UCLA), was disciplined for committing scientific misconduct. She pursued a writ of administrative mandamus, seeking to have UCLA's disciplinary decision set aside. The petition was denied. On appeal, she argues that (1) her due process rights were violated, and (2) the university's actions are time-barred. We affirm. Dr. Nguyen has not demonstrated a prejudicial abuse of discretion sufficient to overturn the administrative decision to abrogate her research.

FACTS

A Colleague Accuses Dr. Nguyen of Fraud

A. The 2000 Allegations of Fraud

In October 2000, Jing Wang, Ph.D., sent a letter to UCLA accusing Dr. Nguyen of falsifying scientific data to obtain a Veteran's Administration (VA) grant in 1999. Wang, a researcher in Dr. Nguyen's laboratory, described an incident in early 1999, in which Dr. Nguyen allegedly faked an in situ hybridization experiment. Wang claimed that he tried to dissuade Dr. Nguyen from using false data, but she submitted it to obtain the federal grant. In December 2000, Wang sent a longer, more detailed letter to UCLA, specifying which figures in Dr. Nguyen's VA grant application were â€

Description	Appellant,a physician and tenured faculty member of the medical school at the University of California, Los Angeles (UCLA), was disciplined for committing scientific misconduct. Appellant pursued a writ of administrative mandamus, seeking to have UCLA's disciplinary decision set aside. The petition was denied. On appeal, appellant argues that (1) her due process rights were violated, and (2) the university's actions are time-barred. Court affirm.
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